ILNews

Court clarifies decision on jury instructions

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals granted the state’s request for rehearing on a case in which the judges found the trial court erred in not giving a defendant’s tendered jury instruction, but that the error was harmless. The state contended that two cases dictated that there was no error by the court.

A panel of the Court of Appeals affirmed Joseph Matheny’s conviction of Class D felony auto theft, but in doing so, concluded the trial court erred in refusing his tendered jury instruction regarding the jury’s duty to conform the evidence to the presumption that a defendant is innocent. But when looking at the totality of the circumstances, the judges originally held the error was harmless.

On rehearing in Joseph Matheny v. State of Indiana, 49A04-1207-CR-347, the state argued that the COA’s previous ruling conflicts with Santiago v. State and Albores v. State, which were decided by the appellate court in March and April 2013, respectively. In those decisions, the judges found that the concept that the jury should attempt to fit the evidence to the presumption that the accused is innocent was adequately covered by the trial court’s instructions. Those decisions also distinguished Lee v. State, 964 N.E.2d 859 (Ind. Ct. App. 2012), in which jury instructions were not as detailed and the jury was not instructed that the presumption of innocence prevails throughout trial.

“As in Lee, the jury in this case was not instructed that the presumption of innocence prevails throughout the trial. Accordingly, we reach a different conclusion than Santiago and Albores because the instructions that the trial court gave the jury did not adequately convey the substance of Matheny’s tendered instruction,” Judge Terry Crone wrote Monday.

“In this case, such an instruction was requested, refused, and not adequately covered by the given instructions, and therefore the trial court abused its discretion.”

The appellate panel also denied the state’s claim that it used a “magic words” approach in its original decision and failed to consider the entirety of the jury instructions given at trial. Crone wrote that the state’s argument simply ignores the fact that the instructions in Matheny were different from those given in Santiago and Albores.

 

ADVERTISEMENT

  • Constitution
    Indiana Constitution: Article 1, Section 19. In all criminal cases whatever, the jury shall have the right to determine the law and the facts.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

ADVERTISEMENT